5 Software Development Clauses to Include in Your Contracts?

What are some clauses to include in a software development contract?

5 Software Development Clauses to Include in Your Contracts?

Are you looking to hire someone to help with your software development, but not sure what clauses to include into the contract agreement? Well, there are many important legal measures that should be taken in order to protect both the developer and the client.

In this article we will be taking a look at five essential clauses to include into a software development contract.

1. Design & Development

When it comes to software development, there are many factors that go into the design and development process. The process tends to vary greatly depending on the experience and size of the team involved.

For this reason it is important to create a clause in your contract to decide on issues such as: Completion times for the project, software specifications and the extent of the client’s involvement in the development process.

2. Installation & Integration

Before actually being able the use the software that has been developed, it will usually need to be installed. In your software development contract, you may want to include a clause to decide which party is responsible for actually integrating the software.

This process is very important and it is essential to include it in order to avert potential issues that could arise towards the end of your contractual agreement.

3. Intellectual Property Rights

Another important clause that will need to be addressed in your contract are the copyright laws. Since the developer is the one who created the software, they technically own it.

Software is primarily protected by the law of copyright, and so the developer will need to grant a license to the customer or provide them with the rights to the intellectual property in order for the client to legally use it.

4. Support Service

Next on our list of important clauses to address in your software development contract is one pertaining to whether or not support services are included after the job is done. Many contracts do indeed involve support service ranging from simple to complex issues.

One should consider the range of support provided after the software is complete such as: Which problems and questions will be covered by the developer, appropriate response and resolution times and in which circumstances should support services requirement payment. By covering these bases you can expect to reach a fair agreement as to both what the developer and client are responsible for after a project is officially completed.

5. Maintenance Services and Upgrades

Last on our list of clauses that should be included in a software development agreement are maintenance and upgrade services. One will definitely need to address what updates are required to deal with the ever changing technological standards. The party responsible for such changes should be included in the contract. It should also be decided whether updates are going to be mandatory or not.

And there we have it, five essential clauses that should be included into your development contracts. If you’re looking for a place to start, try this software development contract template in order to get a general idea of how your contract should look. Are there any other tips you would considering adding into a software development contract? Feel free to comment about them below.

via 5 Software Development Clauses to Include in Your Contracts?

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What are Common Examples of a Business Partnership?

4 Examples Of Legal Business Partnerships

What are Common Examples of a Business Partnership?

Business partnerships are a legal entity that binds multiple business partners for their business. They are both liable and responsible for the business. With this type of legal partnership agreement, both partners share in the profits and losses of the business.

Under the terms of the partnership contract, every person contributes something to the business, whether those are ideas, money, or property.

Here is a look at some common business partnerships.

General Partnership

A general partnership involves multiple owners managing a business. The partners share equal rights and responsibilities in regards to the management of the business. One partner can cause the entire group to become obligated to deal with a certain situation.

While this type of partnership can be tough, general partnerships do come with a tax advantage, as all profits are not taxed to the business, but instead are passed through to the partners, who add the gains to their personal tax returns at a lower rate.

Limited Partnership

A limited partnership gives each partner the ability to restrict their personal liability to the amount of their business investment. Be aware that not every partner is able to benefit from this rule, as at least one person must be willing to accept general partnership status.

Once they accept that status, they are at risk of assuming full responsibility for the business debts and any obligations concerning the business. The general partner has the right to make decisions on behalf of the business, while the limited partners do not have the right to participate in management decisions. However, both general and limited partners receive benefits from the business profits.

Limited Liability Partnership

A limited liability partnership retains the tax advantages of the general partnership style, while also offering some personal liability protection to all participants. Individual partners are not liable for the negative acts of the other partners, or the debts and obligations of the business.

Due to some changes to many of the aspects of the traditional partnership, authorities may hold a limited liability partnership to tax rules that would normally apply to non-partnerships. The Internal Revenue Service may still look at these businesses as partnerships, which will grant the partners a pass.

Partnerships that strive to use their limited liability partnership status may not need to change their general partnership agreement. If they choose to change their status, they will have to file an application for registration as a limited liability partnership with their state agency.

Every state requires disclosure of the name of the partnership along with their primary place of business. Some states may require information on the number of partners, a description of the business, and a statement that acknowledges that the partnership has insurance and that its limited liability status could expire at some point.

This article originally appeared on the LegalNotes blog.

via What are Common Examples of a Business Partnership?

How to Write a Proposal for a Catering Service?

What should be included in your catering contract?

How to Write a Proposal for a Catering Service?

A catering proposal letter is used to get a quote of services from catering companies that want to provide you services for an event. The caterer will prepare a letter after the initial meeting with the client to provide a specific price and a general service agreement. This article will go over the different parts of a catering proposal letter.

The Cover Letter

The first section of a catering contract or catering proposal letter is the cover letter. This letter will include a summary of the services offered, the name of the event and the date, and the location of the event. It could also contain the minimum guest count if it is required, and a summary of the services the caterer offers.

The second section of the contract for catering services should list the specific menu items and drinks that the client selected at the initial meeting. The charges should also be listed alongside the menu items and drinks. They should list appetizers, bread, entrees, salad options, and desserts. If there are any combination deals, those should be included as well.

Extra Charges

The third section should be dedicated to any additional charges the caterer might have. These should include rental prices for:

  • Silverware
  • Linens
  • Centerpieces
  • Dinnerware
  • Serving Dishes
  • Glassware
  • Chafing Dishes

The prices per item and the prices per group should be put alongside the items. Labor costs for delivery and staff costs should also be listed so the client can get a decent estimate. If the staff costs are listed, you typically take the hourly rate times the number of hours, times the total staff members.

Final Quote

The final quote is simply the cost of everything listed above added together for a subtotal of service rendered. If there is a deposit, that should be clearly listed and added into the grand total as well.

Policies

If the caterer has any specific policies they should be spelled out in the proposal letter. This includes the minimum guest count, payment options, payment terms, and a service guarantee.

Payment Information & Signature

The final part of the contract is a line stating the client agrees to every part listed above and space for their signature. The customer’s payment details should be listed below the signature section as well. You should end the letter by thanking the client for their business.

A contract will act as a legally binding document between the caterer and the customer. This will protect both parties from any misunderstandings or miscommunications that might occur with a verbal agreement. If you have a contract, everything will be in one neatly organized place for an easy reference point.

via How to Write a Proposal for a Catering Service?

5 Software Development Clauses to Include in Your Contracts?

What are some clauses to include in a software development contract?

5 Software Development Clauses to Include in Your Contracts?

Are you looking to hire someone to help with your software development, but not sure what clauses to include into the contract agreement? Well, there are many important legal measures that should be taken in order to protect both the developer and the client.

In this article we will be taking a look at five essential clauses to include into a software development contract.

1. Design & Development

When it comes to software development, there are many factors that go into the design and development process. The process tends to vary greatly depending on the experience and size of the team involved.

For this reason it is important to create a clause in your contract to decide on issues such as: Completion times for the project, software specifications and the extent of the client’s involvement in the development process.

2. Installation & Integration

Before actually being able the use the software that has been developed, it will usually need to be installed. In your software development contract, you may want to include a clause to decide which party is responsible for actually integrating the software.

This process is very important and it is essential to include it in order to avert potential issues that could arise towards the end of your contractual agreement.

3. Intellectual Property Rights

Another important clause that will need to be addressed in your contract are the copyright laws. Since the developer is the one who created the software, they technically own it.

Software is primarily protected by the law of copyright, and so the developer will need to grant a license to the customer or provide them with the rights to the intellectual property in order for the client to legally use it.

4. Support Service

Next on our list of important clauses to address in your software development contract is one pertaining to whether or not support services are included after the job is done. Many contracts do indeed involve support service ranging from simple to complex issues.

One should consider the range of support provided after the software is complete such as: Which problems and questions will be covered by the developer, appropriate response and resolution times and in which circumstances should support services requirement payment. By covering these bases you can expect to reach a fair agreement as to both what the developer and client are responsible for after a project is officially completed.

5. Maintenance Services and Upgrades

Last on our list of clauses that should be included in a software development agreement are maintenance and upgrade services. One will definitely need to address what updates are required to deal with the ever changing technological standards. The party responsible for such changes should be included in the contract. It should also be decided whether updates are going to be mandatory or not.

And there we have it, five essential clauses that should be included into your development contracts. If you’re looking for a place to start, try this software development contract template in order to get a general idea of how your contract should look. Are there any other tips you would considering adding into a software development contract? Feel free to comment about them below.

via 5 Software Development Clauses to Include in Your Contracts?

What are Common Examples of a Business Partnership?

4 Examples Of Legal Business Partnerships

What are Common Examples of a Business Partnership?

Business partnerships are a legal entity that binds multiple business partners for their business. They are both liable and responsible for the business. With this type of legal partnership agreement, both partners share in the profits and losses of the business.

Under the terms of the partnership contract, every person contributes something to the business, whether those are ideas, money, or property. Here is a look at some common business partnerships.

General Partnership

A general partnership involves multiple owners managing a business. The partners share equal rights and responsibilities in regards to the management of the business. One partner can cause the entire group to become obligated to deal with a certain situation.

While this type of partnership can be tough, general partnerships do come with a tax advantage, as all profits are not taxed to the business, but instead are passed through to the partners, who add the gains to their personal tax returns at a lower rate.

Limited Partnership

A limited partnership gives each partner the ability to restrict their personal liability to the amount of their business investment. Be aware that not every partner is able to benefit from this rule, as at least one person must be willing to accept general partnership status.

Once they accept that status, they are at risk of assuming full responsibility for the business debts and any obligations concerning the business. The general partner has the right to make decisions on behalf of the business, while the limited partners do not have the right to participate in management decisions. However, both general and limited partners receive benefits from the business profits.

Limited Liability Partnership

A limited liability partnership retains the tax advantages of the general partnership style, while also offering some personal liability protection to all participants. Individual partners are not liable for the negative acts of the other partners, or the debts and obligations of the business.

Due to some changes to many of the aspects of the traditional partnership, authorities may hold a limited liability partnership to tax rules that would normally apply to non-partnerships. The Internal Revenue Service may still look at these businesses as partnerships, which will grant the partners a pass.

Partnerships that strive to use their limited liability partnership status may not need to change their initial partnership agreement. If they choose to change their status, they will have to file an application for registration as a limited liability partnership with their state agency.

Every state requires disclosure of the name of the partnership along with their primary place of business. Some states may require information on the number of partners, a description of the business, and a statement that acknowledges that the partnership has insurance and that its limited liability status could expire at some point.

via What are Common Examples of a Business Partnership?

How to Write a Promissory Note for a Personal Family Loan?

What You Should Include in a Promissory Note

How to Write a Promissory Note for a Personal Family Loan?

A promissory note is a written promise that you will pay someone money if they loan it to you. This document will serve as written evidence of the amount borrowed, the repayment terms and schedule, and any interest if you plan on charging it.

To start, you have to decide how much you’re going to borrow the person and set up repayment terms.

Charging interest is a good idea because if the IRS finds out about your loan, they can impose interest and make you report it as if you earned it as taxable income.

Things to Include in Your Note

There are a few things you must include in any promissory note, and they are listed below.

  • The Amount of the Loan
  • Repayment Dates
  • Interest Rate
  • Final Amount after Interest has Been Calculated
  • Collateral Hold (If you’re going to go the collateral route to ensure the debt is paid back)
  • Terms of Late or Missed Payments and Consequences
  • Default Terms – What Happens if They Don’t Pay it Back
  • Signatures
  • Witness Signatures

These are all components of a simple promissory note and should be included every time a new note is made or terms are renegotiated.

Make Sure Your Note is Enforceable

If you go through all the trouble of making up a promissory note template, make sure it will hold up in court. You must have it signed by yourself and the person who is borrowing the money. This note should include:

  1. Legal Names of the Lender and Borrower
  2. Addresses and Phone Numbers of all Involved Parties
  3. Signatures of the Lender, Borrower, and Witnesses
  4. What Purpose the Money is Being Borrowed For
  5. Points You Must Inform the Borrower About

The borrower on the Promissory Note has the right to know several key facts before they sign.

  • The borrower has a right to know that the note is transferrable to another lender with the same terms.
  • The borrower has up to three days to cancel after signing the note.
  • The borrower has the right to know the final total of the note, including interest.
  • If there are options to consolidate the note or notes, the borrower has the right to know the terms.

Release of the Promissory Note

Once the loan is paid back, write up a Release of Promissory Note. The Release Note informs the lender the contract if up and releases them from any further liability. A Release of Promissory Note will give closure to the deal, and make sure both parties are satisfied with the outcome.

Drawing up a Promissory Note is essential to protect yourself, even if you are borrowing from family or friends. It will prevent any misunderstandings or miscommunications on both parties’ parts while ensuring you get your money paid back as hassle-free as possible.

via How to Write a Promissory Note for a Personal Family Loan?

How to File a Mutual Consent Divorce Without a Lawyers Help?

Is a Mutual Consent Divorce for Me?

How to File a Mutual Consent Divorce Without a Lawyers Help?

If you have decided to file for mutual consent divorce without the help of a lawyer, there are many important factors to consider.

Mutual consent divorce is a “no fault” for absolute divorce and there are certain requirements and criteria you must meet if you plan to take this huge task on by yourself.

Many people often choose this option because it is a money saver. However, you must also ask yourself whether you have the time and patience to handle everything that is involved in a divorce proceeding.

Determine If You Qualify

Each state has different requirements and you should know if you meet them before attempting to file a mutual consent divorce by yourself. You may be able to file yourself if:

  • Your spouse is in full agreement to include custody, support, and division of property

  • You believe the settlement is fair and reasonable

  • If children are involved, you are comfortable with the arrangement for your children in terms of support and custody (some states do not allow mutual consent divorce if you have minor children)

  • You are fully informed and satisfied with the information you have in regards to your family’s debts and assets

  • You have met all of the state’s requirements i.e. minimum residency requirement for you and/or your spouse, pregnancy, among others

  • You are prepared to pay the document fees and court filing costs

Check the Clerk of County Court

If you meet the eligibility requirements, the first place to begin is by checking with the clerk of county court who will be able to provide you with applicable divorce procedures.

It may be possible to visit their website to obtain an online divorce form or you may want to make a visit in person to get all of your questions answered.

You may also be able to get more information on proceedings by visiting your county’s law library if there is one that is available where you live.

Prepping Documents

For a mutual consent divorce, there will be plenty of documents that you will have to prepare. Some businesses such as legal document preparers or paralegal services may be available to help you.

Although these businesses are not allowed to give you any legal advice since only a licensed attorney can do that, they can prepare the necessary forms you need and file them with the court.

There are also online document preparation services that can help you with a divorce petition form if you live in an area where it is not convenient to speak with someone in person. These types of web-based services will arrange for a filing on your behalf and they often charge a fee based on how fast you need the documents prepared and filed.

Take Advantage of Free Attorney Consultations

Although you have decided to handle the divorce proceeding by yourself, you do not have to avoid an attorney completely.

Since they often provide free initial consultations and they are aware that some people prefer the DIY divorce method, you may be able to get some good information from them to help you get your case moving in the right direction.

Not only do they provide insight into aspects of the case you may not have considered, but they can get you out of a jam if you run into problems during your divorce proceedings if it becomes too overwhelming to handle it yourself.

via How to File a Mutual Consent Divorce Without a Lawyers Help?